1:14-cv-00404 #33

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF INDIANA

INDIANAPOLIS DIVISION

MIDORI FUJII, et al., )

)

Plaintiffs, )

)

v. ) No. 1:14-cv-404 RLY-TAB

)

GOVERNOR, STATE OF INDIANA, )

et al., )

)

Defendants. )

Motion for Summary Judgment

Plaintiffs, by counsel, say that:

1. This case challenges the constitutionality of Indiana Code § 31-11-1-1.

2. There are no contested issues of material fact in this cause and the law is with the

plaintiffs and against the defendants in this case.

3. Accordingly, plaintiffs are entitled to summary judgment as a matter of law.

4. In support of this motion the plaintiff rely on the following evidentiary material:

a. Application for Marriage License form, Exhibit 1 to the Amended Complaint

(Doc. No. 22-1).

b. Indiana Department of Revenue’s “Same-Sex Marriage Tax Filing Guidance,”

Exhibit 2 to the Amended Complaint (Doc. No. 22-2).

c. Affidavit of Midori Fujii, Exhibit 1 to this Motion.

d. Affidavit of Melody Layne and Tara Betterman, Exhibit 2 to this Motion.

e. Affidavit of Scott and Rodney Moubray-Carrico, Exhibit 3 to this Motion.

f. Affidavit of Rob MacPherson and Steven Stolen, Exhibit 4 to this Motion.

g. Affidavit of A.M.-S., Exhibit 5 to this Motion.

Case 1:14-cv-00404-RLY-TAB Document 33 Filed 04/11/14 of 3 PageID #: 153

h. Affidavit of Monica Wehrle and Harriet Miller, Exhibit 6 to this Motion.

i. Affidavit of Gregory Hasty and Christopher Vallero, Exhibit 7 to this Motion.

5. Plaintiffs separately submit their memorandum of law, which is hereby incorporated by

reference.

WHEREFORE, plaintiffs request that this Court grant summary judgment in this cause,

declaring that Indiana Code § 31-11-1-1 is unconstitutional, entering appropriate injunctive

relief, and entering all other appropriate relief.

/s/ Kenneth J. Falk /s/ Sean C. Lemieux

Kenneth J. Falk Sean C. Lemieux

No. 6777-49 No. 16778-49

Lemieux Law

/s/ Gavin M. Rose 23 E. 39th St.

Gavin M. Rose Indianapolis, IN 46205

No. 26565-53 317/985-5809

ACLU of Indiana fax: 866/686-2901

1031 E. Washington St. [email protected]

Indianapolis, IN 46202

317/635-4059 Counsel for plaintiffs Fujii,

fax: 317/635-4105 Layne, Betterman, L.M.-C.,

[email protected] Scott and Rodney Moubray-

[email protected] Carrico

James Esseks

Pro Hac Vice

Chase Strangio

Pro Hac Vice

American Civil Liberties Union Foundation

125 Broad Street, 18th

Floor

New York, NY 10004

212/549.2627

fax: 212/549-2650

[email protected]

[email protected]

Counsel for plaintiffs Wehrle, Miller, Hasty,

Vallero, MacPherson, Stolen, A.M.-S.


Certificate of Service

I certify that a copy of the foregoing was filed electronically on this 11th day of April,

2014. The following parties will be served by operation of the Court’s electronic system.

Thomas M. Fisher

Solicitor General

Office of the Attorney General

[email protected]

Thomas A. Hardin

[email protected]

I further certify that a copy of the foregoing was served on the below named persons by

first-class U.S. postage, pre-paid, on this 11th day of April, 2014.

Clerk, Hamilton County, Indiana

One Hamilton County Square

Suite 157

Noblesville, IN 46060

/s/ Gavin M. Rose

Gavin M. Rose

Attorney at Law


Case 1:14-cv-00404-RLY-TAB Document 33-1 Filed 04/11/14 Page 1 of 3 PageID #: 156

1:14-cv-00404 #33

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